THE EIGHTH US CIRCUIT COURT OF APPEALS REVERSED A
FEDERAL JUDGE'S TEMPORARY
INJUNCTION TO EIGHT INMATES THAT THE STATE OF ARKANSAS HAD
PLANNED TO EXECUTE.
LET'S BREAK DOWN THE STORY.
THE APPEAL JUST
WENT THROUGH.
WHY IS THIS GOING ON ñ THEY HAVE CITED INCIDENCES
THAT HAVE TAKEN PLACE IN OTHER
STATES TO BUFF UP THEIR CASE.
BASICALLY THEY ARE CITING A
THREAT OF IRREPARABLE HARM TO
THE PLAINTIFFS.
THE DRUG IS GOING TO EXPIRE AT THE END OF
THIS MONTH WHICH IS WHY THE STATE OF ARKANSAS IS PUSHING FOR
THESE EXECUTIONS TO GO THROUGH.
THERE IS EVEN MORE TO UNPACK.
AND THEY WERE ACTUALLY
REASSIGNED DUE TO A CONFLICT OF INTEREST.
THIS IS A DEVELOPING STORY.
>> THERE IS EASY AND HARDER PARTS OF THE STORY.
THE FIRST
JUDGE IS VERY EASY.
WE ARE NOW IN THE YEAR 2017 AND WE CAN'T
FIGURE OUT HOW TO PUT SOMEONE UNDER?
IN TERMS OF AN
ANESTHETIC.
WE DO IN EVERY
SURGERY IN THE COUNTRY BUT WE CAN'T FIND A DRUG THAT PUTS A
GUY COMPLETELY UNDER.
THEY HAVE WOKEN UP IN THREE DIFFERENT
STATES IN THE MIDDLE OF BEING
KILLED.
OF COURSE YOU CAN DO IT WITH THAT DRUG, IT DOESN'T WORK.
IS IT CRUEL AND UNUSUAL?
YEAH, THAT IS KIND OF A NO-BRAINER?
>>WHAT IS THE USUAL WAY TO PUT SOMEONE TO DEATH?
IT IS A DRUG
COCKTAIL.
THOSE WORDS TOGETHER SOUND UNUSUAL.
CALLING IT A
COCKTAIL FREAKS ME OUT EVERY SINGLE TIME.
COCKTAILS ARE
SUPPOSED TO BE DELIGHTFUL AND TASTY.
DON'T CALL IT A COCKTAIL,
IT MAKES ME SICK TO MY STOMACH.
>> I USED TO BE IN FAVOR OF THE DEATH PENALTY.
BUT IT TURNS OUT
WE DON'T EXECUTE THE RIGHT PEOPLE.
TURNS OUT 4% OF THE
PEOPLE ON DEATH ROW HAVE BEEN
EXONERATED.
ARE YOU KIDDING ME?
DO YOU KNOW HOW MANY PEOPLE HAVE
ALREADY LET GO BECAUSE WE HAD
THE WRONG GUY?
SO FAR 157.
>> FURTHERMORE WHAT ARKANSAS WAS PROPOSING TO DO IS THE GREATEST
NUMBER OF INMATES TO BE PUT TO DEATH IN A SHORT PERIOD OF TIME
IN MODERN HISTORY.
BECAUSE OF ALL THAT IT WOULD REALLY
INCREASE THE CHANCES OF ONE OF
THESE EXECUTIONS BEING BOTCHED.
THAT IS A MAJOR CONCERN COMING
INTO PLAY HERE.
IT DOESN'T SEEM
LIKE THAT CAN BE A GUARANTEE IN THESE CASES.
>>THAT IS THE EIGHTH AMENDMENT.
WHAT IT BE CRUEL AND UNUSUAL AND VIOLATE THE EIGHTH AMENDMENT
IF WE SLOWLY SAW THEIR HEAD OFF?
>> I FEEL THAT IS CRUEL AND UNUSUAL.
YES.
>>IN FACT WE BOMB OTHER COUNTRIES WHEN PEOPLE LIKE ISIS
DO THAT.
AND WE SAY THAT IS SUCH A HEINOUS AND UNACCEPTABLE THING
TO DO, THAT WE WILL BOMB YOU FOR IT.
WE WILL KILL YOU AND MAYBE
SOME CIVILIANS ALONG THE WAY.
SOMETIMES THAT MIGHT BE QUICKER
THAN THESE DRUG COCKTAILS.
>> WHAT HAPPENS WITH THE SECOND DRUG IS IT PARALYZES THE INMATES
AND STOPS THEM FROM BREATHING.
THEY PUT A RESTRAINING ORDER ON
THE SECOND DRUG BECAUSE THEY TESTIFIED ñ SHE SAID SHE HAD
DECLINED BUT HAD INFORMED ALL OF THEM HOW SHE PLANNED TO USE
THEM.
LET ME TAKE THAT BACK AND EXPLAIN.
THIS CIRCUIT JUDGE
WANTED TO PLACE A RESTRAINING ORDER ON THE SECOND DRUG BECAUSE
THE MANUFACTURER SAID THEY DIDN'T WANT THEIR DRUG
ASSOCIATED WITH EXECUTIONS.
THE
ARKANSAS DIR.
OF CORRECTIONS TESTIFIED TO THAT EFFECT.
THEY
SAID THEY DIDN'T WANT TO BE
ASSOCIATED WITH THE EXECUTIONS.
THIS CAME INTO JEOPARDY BECAUSE
SHORTLY AFTER THE JUDGE HANDED DOWN THAT RULING, THE JUDGE WAS
SEEN AS A ANTI-DEATH PENALTY PROTEST OUTSIDE THE GOVERNOR'S
HOUSE.
AS OF TODAY, THE SUPREME COURT OF THE STATE HAS
REASSIGNED THE CASES FROM THAT CIRCUIT JUDGE IS DOCKET.
>> THE REASON WHY THIS IS HARD IS TWO REASONS.
>>IT IS VERY COMPLICATED.
>> THE STATE OF ARKANSAS GOES TO THIS COMPANY AND LIES TO THEM.
THEY FIND OUT LATER THAT ARKANSAS IS GOING TO USE IT TO
EXECUTE PEOPLE.
THAT IS A REALLY HARD CASE.
IF YOU ARE A JUDGE
YOU CAN ROLL EITHER WAY ON THAT.
DOES THE COMPANY HAVE THE RIGHT
TO ASK FOR ITS PRODUCT BACK?
I
DON'T KNOW.
I THINK THAT CAN GO EITHER WAY.
THEN THE JUDGE COMES
OUT OF RULING THAT CASE AND LITERALLY JOINS AN ANTI-DEATH
PENALTY PROTEST.
AND HE IS THE
GUY WHO DRESSES UP AS THE INMATE BEING READY TO GET KILLED.
THAT
IS PROBLEMATIC
>> I CAN'T THINK OF A JUDGE DOING SOMETHING LIKE THAT WHILE
THEY ARE STILL A JUDGE.
LIKE MAYBE AFTERWARDS.
THE REASON WE
DRESSED JUDGES IN BLACK ROBES SO
THEY ARE A FLOATING HEAD IS JUST SO THAT WE CAN MAINTAIN THIS
IDEA OF IMPARTIALITY.
FOR HIM TO THEN GO AND TAKE THAT PERSONA
AWAY, DRESS AS AN INMATE ON
DEATH ROW ñ BUT ON THE OTHER HAND HE IS A JUDGE.
WE HAVE
HIRED OR ELECTED THIS PERSON AND GIVEN THEM FULL FAITH TO MAKE
JUDGMENTS ON THINGS LIKE THE DEATH PENALTY.
WHY SHOULD WE BE
SURPRISED IF WE SEE THEM?
MAYBE WE SHOULD TAKE IT MORE SERIOUSLY
WHEN WE SEE A JUDGE AT THIS
LEVEL.
>>I ALWAYS THINK WHAT IF THE SHOE WAS ON THE OTHER FOOT?
I
KNOW THE JUDGES ARE IN FACT
PEOPLE.
WHO ARE WE GETTING WHEN WE PRETEND THAT THEY DON'T.
I
KNOW THEY ALSO ARE CITIZENS THAT HAVE THEIR FIRST AMENDMENT
RIGHTS, BUT THERE IS A POINT TO PRETENDING TO BE IMPARTIAL.
OTHERWISE HE WOULD THINK NONE OF
THIS IS FAIR, THEY ARE VOTING BASED ON POLITICS NOT LAW.
I
THINK APPEARANCE DOES HAVE VALUE.
I HOPE FOR A LOT OF
JUDGES THE REALITY OF IMPARTIALITY.
I THINK THAT IF
YOU ARE PRO-DEATH PENALTY YOU
GET TO BE NOT SO POSITIVE THAT THIS DECISION WAS IMPARTIAL.
>>IT WAS DEFINITELY IRRESPONSIBLE.
ALSO THERE WERE
TWO EXECUTIONS THAT WERE SUPPOSED TO HAVE OCCURRED AT 7
PM TODAY, THEY BOTH HAVE RECEIVED STAYS AS OF TODAY.
NO ONE OF THE EIGHT INMATES SCHEDULED TO BE EXECUTED HAVE
BEEN EXECUTED.
>> THEY HAVE BEEN ON DEATH ROW FOR 51 YEARS.
>> THE STATE OF ARKANSAS IS INSANELY SPEEDING UP THIS
PROCESS AND IT DOESN'T LEAVE
TIME FOR CLEMENCY.
THEY ARE ALL CALLING FOR A HALT ON THIS
BECAUSE WHETHER IT IS PROCEDURAL OR THEY ARE RULING THAT IS CRUEL
OR UNUSUAL I THINK YOU HAVE TO LISTEN TO WHAT THE JUDGES ARE
SAYING HERE.
>> TO BRETT'S POINT ABOUT IS THERE A WAY OF KILLING SOMEONE
THAT ISN'T CRUEL AND UNUSUAL?
I THINK THE ANSWER IS NO.
LOOK AT
THE FRAMING, IF ISIS HAD FOUND A CHEMICAL THAT STOPS YOUR HEART
WHILE YOU ARE STILL CONSCIOUS WE WOULD THINK THEY ARE USING
CHEMICALS ON THESE PEOPLE WHILE THEY ARE STILL ALIVE, HOW CRUEL
AND VICIOUS ARE THEY.
BUT ARKANSAS DOES THIS AND IT IS
LIKE OH YEAH, IT IS A CHEMICAL COCKTAIL.
NO, WE CAN'T DO THAT.
GIVEN THAT WE ARE SET TO MURDER
157 PEOPLE THAT DIDN'T DO
IT, MAYBE WE SHOULD KEEP THEM IN PRISON FOR LIFE INSTEAD OF
TRYING TO EXECUTE THEM IN A HUMANE AND LOVELY WAY BECAUSE
THERE ISN'T ONE.